Desertion in Chesterfield County, Virginia is a fault ground for divorce under Va. Code § 20-91 requiring one year of continuous abandonment; Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County and extensive experience handling desertion divorce cases.
Desertion Divorce Lawyer in Chesterfield County, Virginia
Under Virginia law, desertion as a ground for divorce is defined in Va. Code § 20-91. Desertion occurs when one spouse voluntarily and intentionally abandons the other without consent or justification for a continuous period of at least one year. The deserting spouse must have left the marital home with the intent to permanently end the marriage. If the desertion is willful and without cause, the abandoned spouse may file for divorce on fault grounds after the one-year period has elapsed. The court at Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) hears these matters. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to desertion divorce cases in Chesterfield County.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (Virginia General Assembly — official site) and Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Chesterfield County Circuit Court, prosecutors and family court judges routinely scrutinize desertion claims for evidence of willful abandonment.
We have observed that corroborating witnesses or documented proof of the desertion period strengthens the case significantly.
Filing for desertion divorce requires precise timing — the one-year period must be continuous and uninterrupted.
- Document the date of desertion with written records, emails, or text messages.
- File a complaint at Chesterfield County Circuit Court after the one-year period.
- Serve the deserting spouse with legal notice of the proceedings.
- Attend all scheduled hearings to present evidence of abandonment.
- Obtain a final decree of divorce on fault grounds.
In Chesterfield County, desertion divorce under Va. Code § 20-91 carries a one-year waiting period before filing, with potential impacts on spousal support, equitable distribution, and custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil — Fault Ground for Divorce | None | None | None | May affect spousal support award; may reduce equitable distribution share for deserting spouse |
| Willful Abandonment | Civil — Fault Ground for Divorce | None | None | None | One-year waiting period required; court considers fault in property division |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 15 documented case results in Chesterfield County across multiple practice areas, including dismissals and reductions in criminal and traffic matters, demonstrating a commitment to favorable outcomes for clients.
Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include traffic, drug, and other criminal matters handled in Chesterfield County General District Court.
Our location in Richmond is approximately 20 miles from Chesterfield County Circuit Court, with access via I-95 and Route 10. Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, Moseley. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(804) 201-9009 | (888) 437-7747
By appointment only.
Frequently Asked Questions About Desertion Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Under Va. Code § 20-91, desertion requires a one-year waiting period before filing.
Uncontested divorces in Chesterfield County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Chesterfield County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86; sheriff service of process is approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases are filed at Chesterfield County General District Court or Circuit Court depending on the matter.
The filing fee for divorce in Chesterfield County is approximately $86.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Chesterfield County Circuit Court. Va. Code § 20-91 governs all grounds.
Virginia allows no-fault divorce after 6 months or 1 year separation, and fault grounds including desertion.
How does a Virginia lawyer defend against desertion divorce charges?
Defense strategies for desertion divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
A lawyer may challenge evidence of desertion or negotiate a resolution under Va. Code § 20-91.
What should I do if I am facing desertion divorce charges in Virginia?
If facing desertion divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately and preserve all evidence.
For more information about family law in Virginia, visit our Virginia Family Law Hub. See also our pages for Henrico County and Colonial Heights. Related practice areas: Criminal Defense Lawyer Chesterfield County and DUI Lawyer Chesterfield County.
Page last updated: 2026-04-28